State Codes and Statutes

Statutes > Kansas > Chapter58a > Article11 > Statutes_23155

58a-1106

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 11.--MISCELLANEOUS PROVISIONS

      58a-1106.   Application to existingrelationships.(a)Except as otherwise provided in this act, on the effective date of this act:

      (1)   This act applies to all trusts created before, on, or after itseffective date;

      (2)   this act applies to all judicial proceedings concerning trustscommenced on or after its effective date;

      (3)   this act applies to judicial proceedings concerning trusts commencedbeforeits effective date unless the court finds that application of a particularprovision of this act wouldsubstantially interfere with the effective conduct of the judicial proceedingsor prejudice the rightsof the parties, in which case the particular provision of this act does notapply and the supersededlaw applies;

      (4)   any rule of construction or presumption provided in this act applies totrustinstruments executed before the effective date of the act unless there is aclear indication of acontrary intent in the terms of the trust; and

      (5)   an act done before the effective date of the act is not affected by thisact.

      (b)   If a right is acquired, extinguished, or barred upon the expiration of aprescribedperiod that has commenced to run under any other statute before the effectivedate of the act, thatstatute continues to apply to the right even if it has been repealed orsuperseded.

      History:   L. 2002, ch. 133, § 92; Jan. 1, 2003.

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article11 > Statutes_23155

58a-1106

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 11.--MISCELLANEOUS PROVISIONS

      58a-1106.   Application to existingrelationships.(a)Except as otherwise provided in this act, on the effective date of this act:

      (1)   This act applies to all trusts created before, on, or after itseffective date;

      (2)   this act applies to all judicial proceedings concerning trustscommenced on or after its effective date;

      (3)   this act applies to judicial proceedings concerning trusts commencedbeforeits effective date unless the court finds that application of a particularprovision of this act wouldsubstantially interfere with the effective conduct of the judicial proceedingsor prejudice the rightsof the parties, in which case the particular provision of this act does notapply and the supersededlaw applies;

      (4)   any rule of construction or presumption provided in this act applies totrustinstruments executed before the effective date of the act unless there is aclear indication of acontrary intent in the terms of the trust; and

      (5)   an act done before the effective date of the act is not affected by thisact.

      (b)   If a right is acquired, extinguished, or barred upon the expiration of aprescribedperiod that has commenced to run under any other statute before the effectivedate of the act, thatstatute continues to apply to the right even if it has been repealed orsuperseded.

      History:   L. 2002, ch. 133, § 92; Jan. 1, 2003.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article11 > Statutes_23155

58a-1106

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 11.--MISCELLANEOUS PROVISIONS

      58a-1106.   Application to existingrelationships.(a)Except as otherwise provided in this act, on the effective date of this act:

      (1)   This act applies to all trusts created before, on, or after itseffective date;

      (2)   this act applies to all judicial proceedings concerning trustscommenced on or after its effective date;

      (3)   this act applies to judicial proceedings concerning trusts commencedbeforeits effective date unless the court finds that application of a particularprovision of this act wouldsubstantially interfere with the effective conduct of the judicial proceedingsor prejudice the rightsof the parties, in which case the particular provision of this act does notapply and the supersededlaw applies;

      (4)   any rule of construction or presumption provided in this act applies totrustinstruments executed before the effective date of the act unless there is aclear indication of acontrary intent in the terms of the trust; and

      (5)   an act done before the effective date of the act is not affected by thisact.

      (b)   If a right is acquired, extinguished, or barred upon the expiration of aprescribedperiod that has commenced to run under any other statute before the effectivedate of the act, thatstatute continues to apply to the right even if it has been repealed orsuperseded.

      History:   L. 2002, ch. 133, § 92; Jan. 1, 2003.